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Ohio Revised Code

Ohio Rev. Code § 2903.04 (2026)

Involuntary manslaughter

✓ current as of May 2026
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Effective:
January 1, 2004
Latest Legislation:
Senate Bill 123 - 124th General Assembly
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(A) No person shall cause the death of another or the unlawful termination of another's pregnancy as a proximate result of the offender's committing or attempting to commit a felony.

(B) No person shall cause the death of another or the unlawful termination of another's pregnancy as a proximate result of the offender's committing or attempting to commit a misdemeanor of any degree, a regulatory offense, or a minor misdemeanor other than a violation of any section contained in Title XLV of the Revised Code that is a minor misdemeanor and other than a violation of an ordinance of a municipal corporation that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any section contained in Title XLV of the Revised Code that is a minor misdemeanor.

(C) Whoever violates this section is guilty of involuntary manslaughter. Violation of division (A) of this section is a felony of the first degree. Violation of division (B) of this section is a felony of the third degree.

(D) If an offender is convicted of or pleads guilty to a violation of division (A) or (B) of this section and if the felony, misdemeanor, or regulatory offense that the offender committed or attempted to commit, that proximately resulted in the death of the other person or the unlawful termination of another's pregnancy, and that is the basis of the offender's violation of division (A) or (B) of this section was a violation of division (A) or (B) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance or included, as an element of that felony, misdemeanor, or regulatory offense, the offender's operation or participation in the operation of a snowmobile, locomotive, watercraft, or aircraft while the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, both of the following apply:

(1) The court shall impose a class one suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege as specified in division (A)(1) of section 4510.02 of the Revised Code.

(2) The court shall impose a mandatory prison term for the violation of division (A) or (B) of this section from the range of prison terms authorized for the level of the offense under section 2929.14 of the Revised Code.
Notes of Decisions
Cited in 686 cases (252 in the last 5 years), 1980–2026 · leading case: State v. Weitbrecht, 715 N.E.2d 167 (Ohio 1999).
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State v. Weitbrecht, 715 N.E.2d 167 (Ohio 1999). · cites it 14× “R.C. 2903.04 provides, in relevant part: “(B) No person shall cause the death of another * * * as a proximate result of the offender’s committing or attempting to commit a misdemeanor of the first, second, third, or fourth degree or a minor misdemeanor.”
State v. Moore, 2019 Ohio 3705 (Ohio Ct. App. 2019). · cites it 12× “06 and or R.C. 2903.04, the State must still prove that the predicate offense was the proximate cause of the accident.”
State v. Carpenter, 2019 Ohio 58 (Ohio Ct. App. 2019). · cites it 6× “{¶45} The offense of involuntary manslaughter is codified under R.C. 2903.04, and provides, in relevant part, "No person shall cause the death of another * * * as a proximate result of the offender's committing or attempting to commit a felony.”
State v. Berry, 2021 Ohio 1132 (Ohio Ct. App. 2021). · cites it 9× “03 and for involuntary manslaughter in violation of R.C. 2903.04 was contrary to the manifest weight of the evidence.”
State v. Chippendale, 556 N.E.2d 1134 (Ohio 1990). · cites it 12× “In fact, the legislative history of R.C. 2903.04 manifests such an intent. Before amendment, the section of the House Bill that dealt with involuntary manslaughter, then R.”
State v. Weitbrecht, 1999 Ohio 113 (Ohio 1999). · cites it 19× “{¶ 2} Appellee filed a motion to dismiss the indictment, arguing that Ohio’s involuntary manslaughter statute (R.C. 2903.04[B]), when based upon a minor misdemeanor, violates the Cruel and Unusual Punishment Clauses of both the United States and Ohio Constitutions.”
State v. Earley (Slip Opinion), 2015 Ohio 4615 (Ohio 2015). · cites it 6× “19 of the Revised Code shall be served consecutively to a prison term that is imposed for a felony violation of section 2903.”
State v. Miree, 2022 Ohio 3664 (Ohio Ct. App. 2022). · cites it 8× “16(B) with firearm specifications (Count 7); involuntary manslaughter in violation of R.C. 2903.04(A) with firearm specifications (Count 8); tampering with evidence in violation of R.”
State v. Brown, 2018 Ohio 899 (Ohio Ct. App. 2018). · cites it 4× “Here, that means that death reasonably could be anticipated by an ordinarily prudent person as likely to result under these or similar circumstances.”
State v. Szefcyk, 671 N.E.2d 233 (Ohio 1996). · cites it 4× “Westfall timely appealed his conviction, contending that a conviction for involuntary manslaughter pursuant to R.C. 2903.04(B) cannot be predicated upon a minor misdemeanor.”
State v. Fenderson, 2023 Ohio 2903 (Ohio Ct. App. 2023). · cites it 11× “{¶ 3} Fenderson entered a plea of guilty to amended Count 1, involuntary manslaughter, a violation of R.C. 2903.04(A) and (C), a first-degree felony, along with the repeat violent offender (“RVO”) specification, in exchange for the dismissal of the remaining counts and…”
State v. Bontrager, 2022 Ohio 1367 (Ohio Ct. App. 2022). · cites it 5× “{¶5} The Adams County grand jury indicted Bontrager on the following charges, all alleged to have occurred “[o]n or about and between May 19, 2020 and May 21, 2020”: (1) Count I, involuntary manslaughter in violation of R.C. 2903.04(A), a first-degree felony; (2) Count II,…”
Show all 686 citing cases →
— Ohio Rev. Code § 2903.04(A) — 411 cases
State v. Moore, 2019 Ohio 3705 (Ohio Ct. App. 2019). “06 and or R.C. 2903.04, the State must still prove that the predicate offense was the proximate cause of the accident.”
State v. Berry, 2021 Ohio 1132 (Ohio Ct. App. 2021). “03 and for involuntary manslaughter in violation of R.C. 2903.04 was contrary to the manifest weight of the evidence.”
State v. Bontrager, 2022 Ohio 1367 (Ohio Ct. App. 2022). “{¶5} The Adams County grand jury indicted Bontrager on the following charges, all alleged to have occurred “[o]n or about and between May 19, 2020 and May 21, 2020”: (1) Count I, involuntary manslaughter in violation of R.C. 2903.04(A), a first-degree felony; (2) Count II,…”
State v. Fenderson, 2023 Ohio 2903 (Ohio Ct. App. 2023). “{¶ 3} Fenderson entered a plea of guilty to amended Count 1, involuntary manslaughter, a violation of R.C. 2903.04(A) and (C), a first-degree felony, along with the repeat violent offender (“RVO”) specification, in exchange for the dismissal of the remaining counts and…”
State v. Brown, 2018 Ohio 899 (Ohio Ct. App. 2018). “Here, that means that death reasonably could be anticipated by an ordinarily prudent person as likely to result under these or similar circumstances.”
— Ohio Rev. Code § 2903.04(A)(1) — 3 cases
State v. Williams, 2020 Ohio 4430 (Ohio Ct. App. 2020).
State v. Johnson, 2023 Ohio 1367 (Ohio Ct. App. 2023).
State v. McMannis, 2024 Ohio 415 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2903.04(A)(2) — 1 case
State v. McCray, 2023 Ohio 4814 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2903.04(A)(7) — 1 case
State v. Wilson, 2012 Ohio 102 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2903.04(A)(9) — 1 case
State v. Jones, 2012 Ohio 920 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2903.04(A)(C) — 7 cases
State v. Pitts, 2022 Ohio 643 (Ohio Ct. App. 2022).
State v. Stewart, 2013 Ohio 753 (Ohio Ct. App. 2013).
State v. Wellington, 2014 Ohio 1179 (Ohio Ct. App. 2014).
State v. Stafford, 2025 Ohio 5773 (Ohio Ct. App. 2025).
Pitts v. Heuberger, 2023 Ohio 2794 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2903.04(B) — 95 cases
State v. Weitbrecht, 715 N.E.2d 167 (Ohio 1999). “R.C. 2903.04 provides, in relevant part: “(B) No person shall cause the death of another * * * as a proximate result of the offender’s committing or attempting to commit a misdemeanor of the first, second, third, or fourth degree or a minor misdemeanor.”
State v. Weitbrecht, 1999 Ohio 113 (Ohio 1999). “{¶ 2} Appellee filed a motion to dismiss the indictment, arguing that Ohio’s involuntary manslaughter statute (R.C. 2903.04[B]), when based upon a minor misdemeanor, violates the Cruel and Unusual Punishment Clauses of both the United States and Ohio Constitutions.”
State v. Chippendale, 556 N.E.2d 1134 (Ohio 1990). “In fact, the legislative history of R.C. 2903.04 manifests such an intent. Before amendment, the section of the House Bill that dealt with involuntary manslaughter, then R.”
State v. Szefcyk, 671 N.E.2d 233 (Ohio 1996). “Westfall timely appealed his conviction, contending that a conviction for involuntary manslaughter pursuant to R.C. 2903.04(B) cannot be predicated upon a minor misdemeanor.”
State v. Szefcyk, 1996 Ohio 337 (Ohio 1996).
— Ohio Rev. Code § 2903.04(B)(C) — 1 case
State v. Stafford, 2025 Ohio 5773 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2903.04(C) — 20 cases
State v. Moore, 2021 Ohio 3995 (Ohio Ct. App. 2021).
State v. Rogers, 2022 Ohio 4126 (Ohio Ct. App. 2022).
State v. Brown, 2016 Ohio 1358 (Ohio Ct. App. 2016).
State v. Fenderson, 2023 Ohio 2903 (Ohio Ct. App. 2023). “{¶ 3} Fenderson entered a plea of guilty to amended Count 1, involuntary manslaughter, a violation of R.C. 2903.04(A) and (C), a first-degree felony, along with the repeat violent offender (“RVO”) specification, in exchange for the dismissal of the remaining counts and…”
State v. Rohdes, 492 N.E.2d 430 (Ohio 1986).
— Ohio Rev. Code § 2903.04(D) — 4 cases
State v. Petitjean, 748 N.E.2d 133 (Ohio Ct. App. 2000).
State v. Luce, 2018 Ohio 4409 (Ohio Ct. App. 2018).
State v. Jones, 2017 Ohio 4337 (Ohio Ct. App. 2017).
State v. Moore, 2020 Ohio 2653 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2903.04(D)(2) — 3 cases
State v. Moore, 2020 Ohio 2653 (Ohio Ct. App. 2020).
State v. Rothwell, 2021 Ohio 1700 (Ohio Ct. App. 2021).
State v. Jones, 2017 Ohio 4337 (Ohio Ct. App. 2017).
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